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Just Security

Journalism and/as Espionage: A Surreply to Gabriel Schoenfeld

I suspect we’re quickly reaching the point in the conversation about the relationship between national security journalism and espionage in which everything has been said,…
Just Security

Gabriel Schoenfeld Responds to Lederman and Vladeck

I thank both Steve Vladeck and Marty Lederman for commenting on my post, a post that was drawn from a longer article, Journalism or Espionage? just published in the fall issue…
Just Security

The Shutdown and the Guantánamo Transfer Restrictions

Although folks disagree over how big an obstacle it really is, one of the bigger political (if not legal) obstacles to transferring detainees out of Guantánamo (to other countries)…
Just Security

The Kris Paper, and the Problematic FISC Opinion on the Section 215 “Metadata” Collection Program [UPDATED Oct. 14]

If you haven’t done so already, you really ought to read David Kris’s very thoughtful and comprehensive paper on the Section 215 metadata collection program, a précis…
Just Security

Intelligence Oversight and Surveillance Act — Language Now Available

Yesterday, I wrote about the proposed Intelligence Oversight and Surveillance Reform Act.  The language of the proposed bill is not yet available on the Library of Congress’…
Just Security

Making Sense of the NSA Metadata Collection Program and the “Administrative Search” Doctrine

As most people on the planet now know, the National Security Agency obtains detailed records of the “metadata” of essentially every call – domestic and international –…
Just Security

Reforming FISA: A Critical Look at the Wyden/Udall Proposal and Foreign Surveillance

A new bipartisan bill co-sponsored by two of the most vocal critics of the NSA does not go far enough to protect the average non-U.S. person from indiscriminate surveillance. …
Just Security

The Coming Political Realignment?

For a summer full of remarkable moments in U.S. national security law and policy, one of the most unusual came on July 24, when an amendment to effectively de-fund the NSA’s…
Just Security

Debate (Round 2): Metadata and the Fourth Amendment – A Response

This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Just Security

Debate (Round 2): Metadata and the Fourth Amendment

This post is one in a series of posts from Just Security‘s Jennifer Granick and Guest Author Orin Kerr debating the constitutionality of the NSA’s telephony metadata…
Just Security

Why David Miranda’s Case Is Harder Than It Looks

The detention of David Miranda, the partner of Guardian newspaper journalist Glenn Greenwald, has sparked widespread controversy and international press coverage (including the…
Just Security

Are Journalists in Danger of Prosecution for Espionage?

Following up on Steve’s post, and in timely anticipation of Just Security’s event this afternoon, I was struck by Gabriel Schoenfeld’s somewhat fevered suggestion that the…
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